NC Public School Athletes' Long Fight for NIL Rights Ends in Victory

High school athletes in NC gain NIL rights after a court ruling, allowing public school students to profit from endorsements and branding deals for the first time.

East Gaston’s Isaac Brown runs with the ball in the first half as East Gaston High School hosted Burns High School in football Friday night. / Mike Hensdill/USA TODAY NETWORK / USA TODAY NETWORK via Imagn Images

The landscape of high school athletics in North Carolina is undergoing a transformative shift as public school athletes finally move closer to fully capitalizing on their name, image, and likeness (NIL) rights. This change, set in motion by a Wake County Superior Court ruling last month, represents a landmark victory for student-athletes and their ability to profit from endorsements and branding deals.

The catalyst for this breakthrough was a lawsuit filed by the family of Faizon Brandon, a standout quarterback at Grimsley High School and the top-ranked prospect for the 2026 class. Brandon’s case, centered on a state policy that had blocked high school athletes from participating in NIL deals, led to Judge Graham Shirley’s October ruling. The judge’s decision overturned the existing ban and paved the way for Brandon and other student-athletes to seize life-changing NIL opportunities. “We are extremely happy with the court’s well-reasoned decision today,” said Mike Ingersoll, the family’s attorney. For the Brandon family, this victory symbolizes more than a legal triumph—it’s a gateway to economic potential once out of reach for public school athletes.

Following the court’s order, the North Carolina State Board of Education moved quickly, giving preliminary approval to a temporary rule codifying the new NIL guidelines. While private school athletes in the state have already had access to NIL deals, this ruling brings long-awaited parity to public school competitors. The newly approved regulation clarifies permissible activities and outlines which immediate family members—parents, siblings, and other close relatives—can benefit financially from a student’s NIL deals.

State education officials are now tasked with a critical role: guiding schools, students, and families through this evolving NIL framework. The North Carolina High School Athletic Association (NCHSAA) has already begun issuing resources and mandated online NIL training sessions to ensure compliance. “The [N.C. State Board of Education] is in the process of adopting a new temporary rule that complies with the judge’s order,” the NCDPI spokesperson said about the rule. “That process takes some time but the new temporary rule is expected to be in effect by Feb. 1, 2025.”

With public comments scheduled for mid-November and final approval anticipated in January, North Carolina’s student-athletes are poised to enter a new era—one defined by expanded opportunities and the challenge of navigating a rapidly shifting NIL terrain. The rule will go into full effect by February 2025, marking a decisive step forward in the empowerment and recognition of high school athletes’ earning potential.